Search Results

Displaying 261 - 270 of 298 Articles
111.50 - Determining Indigency
Overview
111.60 - Experts/Resources for Indigent Defendants
Appointment of Experts
111.70 - Right to Counsel
Suggestions for Handling Indigent Cases

Regularly check the jail list to determine if in-custody defendants have been transported to court so the judge may inquire whether defendants are indigent and entitled to court-appointed counsel.
111.10 - Right to Counsel
Sources and Scope
A. Constitutional Federal Sixth Amendment
104.70 - Double Jeopardy
A Prior Mistrial
Prior Mistrial
203.20 - Recusal of Prosecutor
I. Introduction
101.30 - Jurisdiction of Officers and Judicial Officials

The preceding entries addressed the question of whether the state or the court had jurisdiction to hear a particular criminal case. This entry briefly addresses the more specific questions of whether and when particular officers, prosecutors, judges, magistrates, and clerks have authority to take action related to a criminal case.

Jurisdiction of Law Enforcement Officers

Sworn law enforcement officers have two kinds of jurisdiction:
225.10 - Examination of Witnesses
Overview, Competency and Qualifications

As referenced in the Official Commentary to Rule 603, there are all kinds of witnesses -- not just victims, police officers and defendants, but also religious practitioners and atheists, military veterans and conscientious objectors, mentally ill adults and young children. Prosecutors must not only be knowledgeable of the rules governing witness testimony, but also be prepared to deal with each witness in the manner that will be most effective for the case.
222.10 - Defendant's Rights in the Courtroom
Right to Be Present
Defendant’s Right to Be Present at Trial
301.10 - Structured Sentencing
Felony Sentencing

To review the various sentencing tables and their effective dates, see the related entry on Sentencing: Felony Sentencing Grids.

For a list of felony offense classes, see the related entry on Sentencing Appendices: Felony Offense Class Table.

For a list of all aggravating factors, see the related entry on Sentencing Appendices: Aggravating Factors.

Pages